Indicates Matter Stricken

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Committee Report

March 31, 2026

 

H. 4805

 

Introduced by Reps. W. Newton, C. Mitchell, B. Newton, Pope, White and Robbins

 

S. Printed 3/31/26--H.

Read the first time January 13, 2026

 

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The committee on House Judiciary

To whom was referred a Bill (H. 4805) to amend the South Carolina Code of Laws by amending Section 14-5-610, relating to the division of the state into sixteen judicial circuits, the number of judges, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 14-5-610(B) and (C) and inserting:

    (B) One judge must be elected from the sixth circuit.  Two judges must be elected from the first, second, fourth, eighth, tenth,sixth and sixteenth circuits.  Three judges must be elected from the thirdfirst, seventh, eighth, tenth, eleventh, twelfth, and fourteenth, and fifteenth circuits. Four judges must be elected from the third circuitand fifteenth circuits.  Five judges must be elected from the fifth, ninth, and thirteenth circuits. Six judges must be elected from the fifth circuit.

    (C) In addition to the above judges authorized by this section, there must be sevenfour additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 74, respectively.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. The additional circuit court judge added in the fifth judicial circuit by this act must be a resident judge in Kershaw County.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. The additional circuit court judge added in the tenth judicial circuit by this act must be a resident judge in Oconee County.

 

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the new judicial offices in the fifth and tenth circuit for election in 2027 as provided by law.  The Judicial Merit Selection Commission shall begin the process of nominating candidates for the new judicial offices in the sixth and fifteenth circuit one year later for election in 2028 as provided by law.  The General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriations act.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 9-8-60(1) of the S.C. Code is amended to read:

 

    (1) A member of the system may retire upon written application to the board setting forth at what time, not later than the end of the calendar year in which the member attains age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly or as allowed pursuant to subsection (7), and has completed teneight years of earned service as a judge or eight years of earned service as a solicitor or circuit public defender or was in service as a judge or solicitor on July 1, 1984, and has either:

       (a) attained the age of sixty-five and completed at least twenty years of credited service;

       (b) attained age seventy and completed at least fifteen years of credited service;  or

       (c) completed at least twenty-five years of credited service in the system for a judge, or twenty-four years of credited service in the system for a solicitor or circuit public defender, regardless of age. A member may retire under this section if the member was a member of this system as of June 30, 2004;  attained age sixty-five with at least four years' earned service in the position of judge, solicitor, or circuit public defender;  and, as of June 30, 2004, had a total of twenty-five years of credited service with the State in the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Members of the General Assembly.

    A person receiving retirement allowances under this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly, and also must be a member of the retirement system unless the person files a statement with the board on a form prescribed by the board electing not to participate in the applicable system while a member of the General Assembly. A person making this election shall not make contributions to the applicable retirement system nor shall the State make contributions on the member's behalf and the person is not entitled to benefits from the applicable retirement system after ceasing to be a member of the General Assembly.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill shifts 4 at-large family court judges' seats to designated circuit family court seats. This bill also adds an additional designated circuit court judge to the first, eighth, and third circuit, increasing the number of circuit judges elected from a specific circuit by 3.

Additionally, there are currently 7 at-large circuit court seats. Section 2 of this bill specifies at-large circuit seats 1, 4, and 7 are to be converted to designated circuit court seats. However, §14-5-610 (C) specifies that there must be 7 additional circuit court judges elected to serve at-large with assigned numerical designations of seat number 1 though seat number 4. It is unclear whether this bill shifts 4 at-large circuit court judges' seats to designated circuit court seats or adds 3 new circuit court judges.

If this bill is shifting both family court and circuit court at-large seats to designated seats, Judicial indicates this bill will have no expenditure impact. Shifting seats from large to designated creates no new judges' seats and can be managed within the normal course of business for Judicial.

However, if this bill creates 3 new circuit court judges' seats, 1 additional seat each in the first, eighth, and third circuit, Judicial indicates this bill will increase annual expenses by $2,200,000 beginning in FY 2026-27. This includes salary and fringe for 12.0 FTEs totaling $1,975,000 and annual operating costs totaling $225,000. The following table provides the salary and fringe expenses for the new FTEs.

 

 

To note, Judicial requested additional General Fund appropriations for new circuit court judges in their FY 2026-27 budget request, and the Appropriations Act for FY 2026-27 as passed by the House of Representatives on March 11, 2026, provides appropriations for 3 new circuit court judges.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 14-5-610, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS, THE NUMBER OF JUDGES TO BE ELECTED FROM EACH CIRCUIT, AND THE ELECTION OF AT-LARGE JUDGES WITHOUT REGARD TO COUNTY OR CIRCUIT OF RESIDENCE, SO AS TO CONVERT THREE AT-LARGE CIRCUIT COURT SEATS TO RESIDENT SEATS IN THE FIRST, THIRD, AND EIGHTH CIRCUITS; AND BY AMENDING SECTION 63-3-40, RELATING TO THE NUMBER OF FAMILY COURT JUDGES TO BE ELECTED FROM EACH CIRCUIT, SO AS TO CONVERT FOUR AT-LARGE FAMILY COURT SEATS TO RESIDENT SEATS IN THE FIFTH, TENTH, AND TWELFTH CIRCUITS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 14-5-610 of the S.C. Code is amended to read:

 

    Section 14-5-610.  (A) The State is divided into sixteen judicial circuits as follows:

       (1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.

       (2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.

       (3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.

       (4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.

       (5) The fifth circuit is composed of the counties of Kershaw and Richland.

       (6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.

       (7) The seventh circuit is composed of the counties of Cherokee and Spartanburg.

       (8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.

       (9) The ninth circuit is composed of the counties of Charleston and Berkeley.

       (10) The tenth circuit is composed of the counties of Anderson and Oconee.

       (11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.

       (12) The twelfth circuit is composed of the counties of Florence and Marion.

       (13) The thirteenth circuit is composed of the counties of Greenville and Pickens.

       (14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper,

and Beaufort.

       (15) The fifteenth circuit is composed of the counties of Georgetown and Horry.

       (16) The sixteenth circuit is composed of the counties of York and Union.

    (B) One judge must be elected from the sixth circuit.  Two judges must be elected from the first, second, fourth, eighth, tenth, and sixteenth circuits.  Three judges must be elected from the thirdfirst, seventh, eighth, eleventh, twelfth, fourteenth, and fifteenth circuits. Four judges must be elected from the third circuit.  Five judges must be elected from the fifth, ninth, and thirteenth circuits.

    (C) In addition to the above judges authorized by this section, there must be seven additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 74, respectively.

 

SECTION 2.  (A) Upon the effective date of this act:

       (1) At-large Circuit Court Seat 7 is converted to a resident seat and designated First Circuit Court Seat 3.

       (2) At-large Circuit Court Seat 1 is converted to a resident seat and designated Third Circuit Court Seat 4.

       (3) At-large Circuit Court Seat 4 is converted to a resident seat and designated Eighth Circuit Court Seat 3.

    (B) Nothing in this act may be construed to require a judge currently serving in an at-large circuit court seat which is converted to a resident circuit court seat pursuant to this act to undergo additional screening until the end of the term for which they were screened and duly elected to an at-large circuit court seat.

 

SECTION 3.  Section 63-3-40 of the S.C. Code is amended to read:

 

    Section 63-3-40. (A) The General Assembly shall elect a number of family court judges from each judicial circuit as follows:

30	First Circuit	Four Judges
31	Second Circuit	Two Judges
32	Third Circuit	Three Judges
33	Fourth Circuit	Three Judges
34	Fifth Circuit	FourSix Judges
35	Sixth Circuit	Two Judges
36	Seventh Circuit	Four Judges

1	Eighth Circuit	Three Judges
2	Ninth Circuit	Seven Judges
3	Tenth Circuit	ThreeFour Judges
4	Eleventh Circuit	Four Judges
5	Twelfth Circuit	ThreeFour Judges
6	Thirteenth Circuit	Six Judges
7	Fourteenth Circuit	Four Judges
8	Fifteenth Circuit	Three Judges
9	Sixteenth Circuit	Three Judges

 

    (B) In the following judicial circuits at least one family court judge must be a resident of each county in the circuit:  fifth, seventh, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties, at least one family court judge must be a resident of one of the counties which does not have the largest population in the circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court judges.

    (C) No county in the sixth circuit shall have more than one resident family court judge.

    (D) In addition to the judges authorized by this section, there must be eightfour additional family court judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 84, respectively.

 

SECTION 4.  (A) Upon the effective date of this act:

       (1) At-large Family Court Seat 8 is converted to a resident seat and designated as Fifth Circuit Family Court Seat 5.

       (2) At-large Family Court Seat 4 is converted to a resident seat and designated as Fifth Circuit Family Court Seat 6.

       (3) At-large Family Court Seat 6 is converted to a resident seat and designated as Tenth Circuit Family Court Seat 4.

       (4) At-large Family Court Seat 3 is converted to a resident seat and designated as Twelfth Circuit Family Court Seat 4.

(B) Nothing in this act may be construed to require a judge currently serving in an at-large family court seat which is converted to a resident family court seat pursuant to this act to undergo additional screening until the end of the term for which they were screened and duly elected to an at-large circuit court seat.

 

SECTION 5.  This act takes effect upon approval by the Governor.

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